The current situation

Under current legislation, sexual contact : (A) means either the defendant (i) knowingly touching, directly or through clothing, the victim's genitals, anus, or female breast; or (ii) knowingly causing the victim to touch, directly or through clothing, the offender's or victim's genitals, anus, or female breast. (B) However “sexual contact” does not include: (i) acts that may reasonably be construed to be normal caretaker responsibilities for a child, interactions with a child, or affection for a child; (ii) acts that are performed for the purpose of administering a recognized and lawful form of treatment that is reasonably adapted to promoting the physical or mental health of the person being treated; or (iii) acts that are a necessary part of a search of a person committed to the custody of the Department of Corrections or the Department of Health and Social Services. (§ 11.81.900)

why it’s A problem

The case of Justin Scott Schneider is a sad illustration of why this is a problem. He choked a woman and masturbated over her unconscious body. He told her "he needed her to believe she was going to die so that he could be sexually fulfilled…"

He was arrested and pleaded guilty to a count of second-degree assault for the attack and was sentenced to two years with a year suspended. He will only go to jail if he violates the conditions of his three-year probation.